According to court documents filed Thursday, a special prosecutor in the case against local attorney Scott Smith has finally been named.
Wabash County Prosecuting Attorney William Hartley has been named as special prosecutor in the case against Smith. He is beginning his third term as prosecuting attorney, and previously served as a deputy prosecutor for Wabash County.
The special prosecutor was at the request of Circuit Court Judge Rex Reed, made on Dec. 27.
Kosciusko County Prosecuting Attorney Dan Hampton has removed himself from the case against Smith due to possible conflict of interest concerns. Smith was once a deputy prosecutor for the county.
The charges against Smith date back to an alleged domestic dispute incident Dec. 20.
Kosciusko County Sheriff's Department deputies were called to a residence at 1759 E. Springfield Drive, Warsaw, just after 10 p.m.
A 38-year-old Warsaw woman said she had recently moved out of the residence, which is owned by Smith. She and Smith had been at Buffalo Wild Wings earlier in the evening, but she left before Smith and returned to the Springfield Drive address to retrieve personal items and Christmas gifts for her children.
When Smith finally arrived, the woman claims she and Smith started to argue and he pushed her to the floor of the second story foyer. She then ran from the house, locked herself in her car and called 911.
During her interview with sheriff's deputies, she detailed other incidents in which Smith is alleged to have been violent toward her. The woman works for Smith at his private law practice in Warsaw and has never pursued charges against Smith for fear of losing her job.
When Smith was confronted by Deputy Brandon Hepler about filling out a report about the incident, he said he would not do so, and that he never laid a hand on her.When told the woman wanted to file charges and that a copy of the incident report would be sent to the prosecutor's office, Smith is alleged to have said that the prosecutor knows who he is and nothing would be done about it.
It is because of Smith's former association with the Kosciusko County prosecutor's office that Hampton felt it necessary to remove himself from the case.
